Bikram Ghosh v. State Of West Bengal And ANR.

13.02.2024 Serial no. 126 Anticipatory bail [Rejected] Dd CRM (A) 247 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 127 of 2021 dated 15.04.2021 under Section 376 of the Indian Penal Code, 1860.

-AndIn the matter of : Bikram Ghosh ... ...Petitioner Ms. Minoti Gomes, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Dona Sanyal, Advocates ... ... For the Petitioner Mr. Partha Pratim Das, Mr. S. Kundu, Advocates ... ...For the State Police case is dated April 15, 2021.

Victim was 72 years of age at the time of the incident. She contemporaneously stated before the doctor treating her that the petitioner raped her. She also recorded a statement under Section 161 of the Criminal Procedure Code implicating petitioner before us. However, she recorded a statement under Section 164 of the Criminal Procedure Code in 2023 where, she suggested that she fell down and sustained the injuries.

The contemporaneous injury report and the statement recorded under Section 161 of the Criminal Procedure Code implicates the petitioner before us.

Considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 247 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)